Subchapter C. REPRESENTATION BEFORE AGENCY
Sec.
31.21. Appearance in person.
31.22. Appearance by attorney.
31.23. Other representation prohibited at hearings.
31.24. Notice of appearance.
31.25. Form of notice of appearance.
31.26. Service on attorneys.
31.27. Contemptuous conduct.
31.28. Suspension and disbarment.
Cross References This subchapter cited in 40 Pa. Code § 15.22 (relating to representation before the OALJ).
§ 31.21. Appearance in person.
An individual may appear in his own behalf. A member of a partnership may represent the partnership, a bona fide officer of a corporation, trust or association may represent the corporation, trust or association, and an officer or employe of another agency or of a political subdivision may represent the agency or political subdivision in presenting any submittal to an agency subject to these rules. Parties, except individuals appearing in their own behalf, shall be represented in adversary proceedings only under § 31.22 (relating to appearance by attorney).
Cross References This section cited in 1 Pa. Code § 31.23 (relating to other representation prohibited at hearings); 4 Pa. Code § 89.26 (relating to representation); 4 Pa. Code § 607a.8 (relating to representation); 7 Pa. Code § 131.12 (relating to appearances); 7 Pa. Code § 179.63 (relating to representation before the Commission); 12 Pa. Code § 11.5 (relating to appearance before the Department); 25 Pa. Code § 1021.21 (relating to representation); 28 Pa. Code § 1111.8 (relating to rights of the appellant); 28 Pa. Code § 1113.2 (relating to administrative appeal procedures); 28 Pa. Code § 1230a.26 (relating to representation); 34 Pa. Code § 131.54 (relating to manner and conduct of hearings); 34 Pa. Code § 131.58 (relating to informal conferences); 34 Pa. Code § 131.59 (relating to mediation); 34 Pa. Code § 131.59a (relating to voluntary mediation); 34 Pa. Code § 131.59b (relating to mandatory mediation); 34 Pa. Code § 131.60 (relating to resolution hearings); 37 Pa. Code § 197.9 (relating to appearances); 49 Pa. Code § 43b.302 (relating to representation in formal proceedings); 52 Pa. Code § 1.21 (relating to appearance); 52 Pa. Code § 1001.21 (relating to appearance); 58 Pa. Code § 499a.1 (relating to appearance in person); and 61 Pa. Code § 702.21 (relating to representation).
§ 31.22. Appearance by attorney.
A person may be represented in a proceeding by an attorney at law admitted to practice before the Supreme Court of Pennsylvania, or, if a similar agency of another jurisdiction accords like privileges to members of the bar of this Commonwealth, the highest court of such other jurisdiction.
Cross References This section cited in 1 Pa. Code § 31.21 (relating to appearance in person); 1 Pa. Code § 31.23 (relating to other representation prohibited at hearings); 4 Pa. Code § 89.26 (relating to representation); 4 Pa. Code § 607a.8 (relating to representation); 7 Pa. Code § 131.12 (relating to appearances); 7 Pa. Code § 179.63 (relating to representation before the Commission); 12 Pa. Code § 11.5 (relating to appearance before the Department); 25 Pa. Code § 1021.21 (relating to representation); 25 Pa. Code § 1021.22 (relating to notice of appearance); 28 Pa. Code § 1111.8 (relating to rights of the appellant); 28 Pa. Code § 1113.2 (relating to administrative appeal procedures); 28 Pa. Code § 1230a.26 (relating to representation); 34 Pa. Code § 131.54 (relating to manner and conduct of hearings); 34 Pa. Code § 131.58 (relating to informal conferences); 34 Pa. Code § 131.59 (relating to mediation); 34 Pa. Code § 131.59a (relating to voluntary mediation); 34 Pa. Code § 131.59b (relating to mandatory mediation); 34 Pa. Code § 131.60 (relating to resolution hearings); 37 Pa. Code § 171.3 (relating to practice before the arbitration panels); 37 Pa. Code § 197.9 (relating to appearances); 49 Pa. Code § 43b.302 (relating to representation in formal proceedings); 52 Pa. Code § 1.22 (relating to appearance by attorney or certified legal intern); 52 Pa. Code § 1001.22 (relating to appearance by attorney or certified legal intern); 58 Pa. Code § 499a.2 (relating to appearance by attorney); and 61 Pa. Code § 702.21 (relating to representation).
§ 31.23. Other representation prohibited at hearings.
A person shall not be represented at a hearing before an agency head or a presiding officer except:
(1) As stated in § 31.21 or § 31.22 (relating to appearance in person; and appearance by attorney).
(2) As otherwise permitted by the agency in a specific case.
Cross References This section cited in 4 Pa. Code § 89.26 (relating to representation); 4 Pa. Code § 607a.8 (relating to representation); 7 Pa. Code § 179.63 (relating to representation before the Commission); 25 Pa. Code § 1021.21 (relating to representation); 28 Pa. Code § 1111.8 (relating to right of the appellant); 28 Pa. Code § 1113.2 (relating to administrative appeal procedures); 28 Pa. Code § 1230a.26 (relating to representation); 34 Pa. Code § 131.54 (relating to manner and conduct of hearings); 34 Pa. Code § 131.58 (relating to informal conferences); 34 Pa. Code § 131.59 (relating to mediation); 34 Pa. Code § 131.59a (relating to voluntary mediation); 34 Pa. Code § 131.59b (relating to mandatory mediation); 34 Pa. Code § 131.60 (relating to resolution hearings); 37 Pa. Code § 171.3 (relating to practice before the arbitration panels); 49 Pa. Code § 43b.302 (relating to representation in formal proceedings); 52 Pa. Code § 1.23 (relating to other representation prohibited at hearings); 52 Pa. Code § 1001.23 (relating to other representation prohibited at hearings); 58 Pa. Code § 499a.3 (relating to other representation probibited at hearings); and 61 Pa. Code § 702.21 (relating to representation).
§ 31.24. Notice of appearance.
(a) If an individual appears in his own behalf before an agency head or a presiding officer in a particular proceeding which involves a hearing or an oppor-tunity for hearing, he shall file with the office of the agency or otherwise state on the record an address at which a notice or other written communication required to be served upon him or furnished to him may be sent.
(b) If an attorney appears before an agency head or a presiding officer in a representative capacity in a particular proceeding which involves a hearing or an opportunity for hearing, he shall file with the office of the agency a written notice of the appearance, which shall state his name, address and telephone number and the name and address of the person or persons on whose behalf he appears. Additional notice or other written communication required to be served on or furnished to a person may be sent to the attorney of record for the person at the stated address of the attorney.
(c) A person appearing or practicing before an agency in a representative capacity may be required to file a power of attorney with the agency showing his authority to act in such capacity.
Cross References This section cited in 1 Pa. Code § 31.26 (relating to service on attorneys); 1 Pa. Code § 33.33 (relating to effect of service upon an attorney); 1 Pa. Code § 35.207 (relating to service of proposed reports); 4 Pa. Code § 89.26 (relating to representation); 4 Pa. Code § 110.1 (relating to praecipe of appearance); 4 Pa. Code § 607a.6 (relating to order to show cause); 4 Pa. Code § 607a.8 (relating to representation); 16 Pa. Code § 42.107 (relating to supervision of designated agent of complainant; form); 34 Pa. Code § 111.15 (relating to no other pleadings allowed); 34 Pa. Code § 121.34 (relating to objections to assessments); 34 Pa. Code § 131.34 (relating to other filings); 37 Pa. Code § 171.26 (relating to notice of appearance); 37 Pa. Code § 197.9 (relating to appearances); 40 Pa. Code § 17.4 (relating to legal representation); 52 Pa. Code § 1.24 (relating to notice of appearance or withdrawal); 52 Pa. Code § 1001.24 (relating to notice of appearance or withdrawal); 58 Pa. Code § 499a.4 (relating to notice of appearance or withdrawal); and 61 Pa. Code § 702.21 (relating to representation).
§ 31.25. Form of notice of appearance.
COMMONWEALTH OF PENNSYLVANIA
[NAME OF AGENCY]
In the Matter of:
[File, Docket
or other
identifying No.:]
NOTICE OF APPEARANCE
Please enter my appearance in the above-designated matter on behalf of
I am authorized to accept service on behalf of said participant in this matter.
[CHECK ONE]
[ ] On the basis of this notice, I request a copy of each document hereafter issued by the [Name of Agency] in this matter.
[ ] I am already receiving or have access to a copy of each document issued by the [Name of Agency] in this matter (alone, or in a consolidated proceeding) and do not on the basis of this notice require an additional copy.
Signature
Name (Printed)
P. O. address
City, state and zip code
Telephone number (including area code)
Cross References This section cited in 16 Pa. Code § 42.107 (relating to supervision of designated agent of complainant; form); 25 Pa. Code § 1021.22 (relating to notice of appearance); 34 Pa. Code § 111.15 (relating to no other pleadings allowed); 34 Pa. Code § 131.34 (relating to other filings); 37 Pa. Code § 197.10 (relating to form of notice of appearance); 52 Pa. Code § 1.25 (relating to form of notice of appearance); 52 Pa. Code § 1001.25 (relating to form of notice of appearance); 58 Pa. Code § 499a.5 (relating to form of notice of appearance); and 61 Pa. Code § 702.21 (relating to representation).
§ 31.26. Service on attorneys.
In a proceeding where an attorney has filed a submittal on behalf of a client or has filed an appearance under § 31.24(b) (relating to notice of appearance), a notice or other written communication required to be served upon or furnished to the client shall also be served upon or furnished to the attorney (or one of the attorneys if the client is represented by more than one attorney) in the same manner as prescribed for his client, notwithstanding the fact that the communication may be furnished directly to the client.
Notes of Decisions Notice To Attorneys
This section requires that notice must be given to the attorney where the attorney has entered an appearance for the client, even though the specific statutory provision provides only for service on the parties in interest; overruling Crown, Cork and Seal Corp. v. Workmen’s Compensation Appeal Board, 543 A.2d 603 (Pa. Cmwlth. 1988). Philadelphia v. Workers’ Compensation Appeal Board, 706 A.2d 1292 (Pa. Cmwlth. 1998).
Failure to mail a denial of a termination decision to the employer’s counsel, when proper copies were mailed to the employer and its insurance carrier, was not a sufficient reason to permit the employer to file its appeal late, since the statutory provision required only notice to all parties in interest. Crown, Cork and Seal Corp. v. Workmen’s Compensation Appeal Board, 543 A.2d 603 (Pa. Cmwlth. 1988); overruled Philadelphia v. Workmen’s Compensation Appeal Board (Operacz), 706 A.2d 1292 (Pa. Cmwlth. 1998).
Cross References This section cited in 1 Pa. Code § 33.33 (relating to effect of service upon an attorney); 7 Pa. Code § 131.13 (relating to service); 22 Pa. Code § 121.9 (relating to administrative loan collection review procedures); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 37 Pa. Code § 171.27 (relating to service on attorneys); 40 Pa. Code § 17.4 (relating to legal representation); 52 Pa. Code § 1.55 (relating to service on attorneys); 52 Pa. Code § 1001.53 (relating to service on attorneys); and 61 Pa. Code § 702.21 (relating to representation).
§ 31.27. Contemptuous conduct.
Contemptuous conduct at a hearing before an agency head or a presiding officer shall be ground for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing.
Cross References This section cited in 7 Pa. Code § 179.64 (relating to contemptuous conduct); 34 Pa. Code § 95.92 (relating to contemptuous conduct); 34 Pa. Code § 131.54 (relating to manner and conduct of hearings); 52 Pa. Code § 1.26 (relating to contemptuous conduct); 52 Pa. Code § 1001.26 (relating to contemptuous conduct); 58 Pa. Code § 499a.6 (relating to contemptuous conduct); and 61 Pa. Code § 702.22 (relating to limited practice before the Board).
§ 31.28. Suspension and disbarment.
(a) An agency may deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to a person who is found by the agency after notice and opportunity for hearing in the matter:
(1) Not to possess the requisite qualifications to represent others.
(2) Not to possess the requisite technical education, training or experience for a particular project or type of project submitted for agency approval.
(3) To have engaged in unethical or improper conduct before the agency.
(b) For the purposes of subsection (a), practicing before an agency shall include, but shall not be limited to:
(1) Transacting business with the agency.
(2) The preparation of a statement, opinion or other paper by an attorney, accountant, engineer or other expert, filed with the agency in a pleading, submittal or other document with the consent of the attorney, accountant, engineer or other expert.
Cross References This section cited in 7 Pa. Code § 179.65 (relating to suspension and disbarment); 10 Pa. Code § 401.020 (relating to professional responsibility); 34 Pa. Code § 95.92 (relating to contemptuous conduct); 34 Pa. Code § 131.54 (relating to manner and conduct of hearings); 52 Pa. Code § 1.27 (relating to suspension and disbarment); 52 Pa. Code § 1001.27 (relating to suspension and disbarment); 58 Pa. Code § 499a.7 (relating to suspension and disbarment); and 61 Pa. Code § 702.22 (relating to limited practice before the Board).
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